The thinking behind this blog is really simple: The guilty should be prevented from reoffending and the innocent should not be convicted -- not very complex but often not achieved.

The spotlight is also thrown on feral law enforcement

Monday, June 27, 2016

A Word on the Cliff Richard Case

James Norwood

I see that the popular singer Cliff Richard has been told by the police there will be no further investigation into the claims made against him of sexual abuse of boys. Since this is an issue that invites misunderstanding and even smears, I will, for the avoidance of doubt, say that people who commit sexual assaults on persons under the age of consent should be punished, and the severity of punishment should be related to the victim’s age. This being said, Mr Richard has been accused of “historic sex abuse,” and this should be seen as different from ordinary cases of abuse.

According to the BBC report, Mr Richard was accused of assaulting four males between 1958 and 1983. These dates alone would, in most times and places, raise suspicion. Let us suppose the man allegedly assaulted in 1958 was sixteen at the time. He would now be 74. Let us also assume that the male allegedly assaulted in 1983 was sixteen at the time. He would now be 49. Or let us assume what is unlikely, that both were six at the time of the alleged assaults. The elder would still be in his sixties, and the younger pushing 40.

What were these men doing in all the time since the alleged assaults? Why did they not complain at the time? If perhaps they were terrorised into silence, what has changed now to stop them from being afraid? Were they not concerned that others might be in danger? I suggest that they are inherently unreliable complainants. What is more likely – that they have been brooding for decades, and in at least one case since before I was born – on a series of horrific rapes that the passing of time cannot efface, or that they are of unsound mind, or are guided by motives that may not involve a strict regard for justice?

I have followed a number of similar cases to this one. In all of them, I regard the evidence as unsatisfactory. In some cases, it has fallen apart in the witness box. In others, it has been accepted for reasons that I find incomprehensible.

I note also Mr Richard’s naming by the police before any charges were laid. The BBC report justifies this as follows:

The concern is that if they hadn’t been named in the media at an early stage, thereby emboldening other victims to come forward, some recently convicted celebrities would have got away with it

In effect, the authorities should be at liberty to publish the name of anyone they dislike, and wait for complainants to come forward with allegations of whatever quality. This is an obvious abuse of the criminal law. Certainly, it shows a police force out of control. Two years ago, the police searched Mr Richard’s house. They searched it 31 years after the last alleged offence. The house they searched was not his at the time of the last alleged offence. They knew that he was out of the country when they carried out the search. They told the BBC about the search, and the BBC filmed the search from a helicopter. Nothing was found. Would you like this done to you? Are you happy that the police, with full media collaboration, can do it to someone else – no matter how infamous the alleged offence may have been?

For the avoidance of doubt, I repeat that there should be laws against having sex with persons under the age of consent. These should be strictly enforced. But there should be a reasonable time after which complaints based only on oral testimony will not be accepted. I suggest three years from the date of the alleged offence, or one year after a complainant reaches the age of eighteen, whichever is longer. I am open here to counter-suggestions. There may have been cases where politicians and other powerful men were able to stop complaints from being made or investigated until many years after my proposed limitation. It may be necessary to take this into account. At the same time, the system we presently have is unjust in itself, and tends to bring the criminal law into disrepute.

Having sex with persons under the age of consent is a wicked crime – but, however wicked, it is a crime; and the prosecution of crime should be subject to reasonable limitations. To say otherwise is to degrade the criminal law into an inquisition, dangerous to those it attacks, and a standing danger to all of us. What are we to have next? Reversing the burden of proof? Compelled self-incrimination? Special juries of “child abuse experts”? And why stop with child abuse cases? Why not rape, or terrorism? Special exceptions have a tendency to become a new general rule.

Cliff Richard is obviously innocent: the faintest show of plausibility in the complaints would have led to a prosecution. William Roache was obviously innocent. The complaints against Harvey Proctor collapsed in ridicule. I am disturbed by most of the convictions I have seen. How many more of these cases before even the authorities grow ashamed?

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Dedication

In memory of Fatty Arbuckle, a good and innocent man whose movie career as a comedian was ruined by an opportunistic prosecution. The woman he was accused of murdering almost certainly died of natural causes. He was eventually cleared but the damage was done.

A thought

I love the Mae West story where some judge wearing a robe during the middle of the day, and seated in a high chair peered down and asked her, 'Are you showing contempt for my court?' To which she replied, 'I’m doing my best not to show it, your honor.' Maybe we need to give up trying to not show it."